IN THE SUPREME COURT OF BANGLADESH HIGH COURT DIVISION

(CIVIL REVISIONAL JURISDICTION)

Civil Rule No. 520 (FM) of 2022

In the matter of:

An application for injunction.

AND

In the matter of:

Bipul Ray Chowdnury and others

.... Petitioners -Versus-

Being died substituted by 1. (Ka). Lieutentant Colonel Mirza Mohammad Mahhabur Anam (Retired) and others

....Opposite-parties

Mr. Sayed Ahmed, senior Advocate with

Mr. Kabir Miah Sarkar, Advocate

... For the petitioners Mr. Shah Manjurul Haque, senior Advocate with

Mr. Dipankar Debnath, Advocate

....For the opposite party nos.06-11

Heard on 20.05.2024 23.05.2024 and Judgment on 23.05.2024.

Present:

Mr. Justice Md. Mozibur Rahman Miah

And

Mr. Justice Md. Bashir Ullah

Md. Mozibur Rahman Miah, J:

This matter has been referred by the Appellate Division by its order dated 05.05.2024.

On an application for injunction so filed by the plaintiffs in Other Class

Suit 22 of 2020, this rule was issued calling upon the opposite parties to show

cause as to why an order of injunction restraining the disbursement of the

award of the scheduled acquired land as described to the schedule to the plaint

in the said suit now pending in the court of Joint District Judge, 1st court, Netrokona should not be granted and/or such other or further order or orders

passed as to this court may seem fit and proper.

At the time of issuance of the rule, the opposite party no. 5 was restrained by an order of injunction from disbursing the award of the scheduled acquired land to defendant nos. 1(ka)-1(cha), 6-11, 19(ka)-19(ja)

and 20-28 for a period of 06(six) months.

Mentionable, that very interim order was challenged by some of the defendants by preferring a Civil Petition for Leave to Appeal No. 2679 of

2022 before the Appellate Division and the said order of injunction was

stayed and this court was directed to dispose of the rule within a period of

03(three) months by judgment and order dated 05.05.2024.

The short facts leading to issuance of the rule are:

The present petitioners as plaintiffs originally filed the aforesaid Other

Class Suit seeking following reliefs:

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The said suit was filed in respect of suit land measuring an area of 7.69

acres. On 05.01.2022 the self-same plaintiffs field an application for

injunction under Order 39 Rule 1 and 2 read with section 151 of the Code of

Civil Procedure restraining the defendant no. 5 from disbursing the compensation money in favour of defendant nos. 1(ka)-1(cha), 6-11, 19(ka)-

19(ja) and 20-28. Against that application those defendants also filed written

objection denying all the material averment so made in the application for

injunction claiming that, the suit property and other properties were put on

auction sale for arrear of rent in a certificate proceedings being certificate case

no. 500-1960/1961 and the predecessor of the defendant nos. 1(ka)-1(cha),

Samsul Islam purchased the suit property on 11.03.1961 and sale certificate

was issued in his favour on 03.03.1962 and handed over possession thereof. Subsequently, the predecessor of the defendants, Shamsul Islam, got his name

mutated in the khatian in mutation case no. 113(9-1) 77-78 and accordingly subsequent BRS khatian being no. 228 was prepared in his name and then he

sold out certain portion of land out of the purchase land. When the defendant

had been in possession of the suit land, the